This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could fund a cleanup — and recover costs already spent.

Why Historical Insurance Policies May Be Accessible

Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.

The petroleum contamination here originates from an underground storage tank whose undiscovered status — buried and untracked until 2017 — is itself evidence of a long installation history consistent with operations predating modern environmental regulation. Underground storage tanks at public port and ferry facilities were routinely installed and in service well before 1986, when occurrence-based Commercial General Liability policies were the industry standard and lacked effective pollution exclusions. If the Fairhaven Terminal's UST was in service prior to that threshold, historical carriers who issued CGL policies to the Port of Bellingham during that operational window may be obligated both to fund continuing remediation and to recover costs already incurred.

Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.